Disposed¶35

Shibin V.S v. Travancore Devaswam Board

Kerala HC7 Apr 2025WP(C)/23791/2024

Case brief

AI extract

What is this about?

Travancore Devaswam Board; Shanthi/Shanti transfer; Kuttichal Ganapathiyamkunnu Temple; Neyyattinkara temple transfer; transfer guidelines; Circular No. ROC 04/24/S dated 31.01.2024; General Transfer Guidelines R.O.C 1527/22/MIS.I dated 05.03.2022; seniority; junior posted; Ext.P2 application 27.02.2024; Ext.P6 representation 01.07.2024; direction to consider representation; opportunity of hearing; disposed of; Kerala High Court Ernakulam; Justice D. K. Singh; WP(C) 23791/2024; decided 07.04.2025.

What did the court decide?

Directions to respondents 1 to 3 (Devaswom Board) to consider and take a decision on the petitioner's Ext.P6 representation expeditiously, preferably within one month, after affording the petitioner an opportunity of hearing ¶35

Shibin V.S Vs Travancore Devaswam Board — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, employed as 'Shanti' at Kuttichal Ganapathiyamkunnu Temple, Thirunelloorsala, Neyyattinkara Devaswom Group, was entitled under the Devaswom Board's transfer guidelines, Circular No. ROC 04/24/S dated 31.01.2024 and seniority to transfer to Neyyattinkara temple, and whether his non-transfer while a junior was posted violated them +1 more

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Ratio / Principle

The writ petition is disposed of with directions to respondents 1 to 3 (Devaswom Board) to consider and take a decision on the Ext.P6 application expeditiously, preferably within one month

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Key takeaways

The petitioner must be afforded an opportunity of hearing before a decision is taken on his Ext.P6 representationratio¶35

Detailed headnote1 paragraphs

Kerala High Court (Ernakulam), single Judge (D. K. Singh, J.), decided WP(C) No. 23791 of 2024 on 07.04.2025. Shibin V.S., a 'Shanthi' of the Travancore Devaswom Board serving at Kuttichal Ganapathiyamkunnu Temple, Thirunelloorsala, Neyyattinkara Devaswom Group, claimed transfer to Neyyattinkara temple under the Board's transfer guidelines and Circular No. ROC 04/24/S dated 31.01.2024 read with seniority, alleging that in violation thereof he was not transferred and a junior person was posted instead; he had applied in Ext.P2 (27.02.2024) and again represented in Ext.P6 (01.07.2024). Counsel for the Devaswom Board did not have much objection to the prayer that Ext.P6 be considered. Held: the writ petition stands disposed of with directions to respondents 1 to 3 to consider and take a decision on Ext.P6 expeditiously, preferably within one month, affording the petitioner an opportunity of hearing before taking the decision. No statute or precedent was cited; no monetary relief involved.

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WP(C) NO. 23791 OF 2024

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2025:KER:29888

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE D. K. SINGH

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MONDAY, THE 7^TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

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WP(C) NO. 23791 OF 2024

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PETITIONER/S:

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SHIBIN V.S., AGED 34 YEARS S/O VASUDEVAN S, WORKING AS ‘SHANTHI’, TRAVANCORE DEVASWAM BOARD, NEYYATTINKARA GROUP, RESIDING AT VALIYAVILA VEEDU, PULLUVILA, PULLUVILA P.O, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN - 695526

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BY ADV Bhavana K K

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RESPONDENT/S:

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1 TRAVANCORE DEVASWAM BOARD HEAD OFFICE, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM, REPRESENTED BY SECRETARY, PIN - 695003

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2 DEVASWAM COMMISSIONER TRAVANCORE DEVASWAM BOARD, HEAD OFFICE, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003

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3 ASSISTANT DEVASWAM COMMISSIONER NEYYATTINKARA GROUP, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121

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4 MAHESH K “SHANTHI’, TRAVANCORE DEVASWAM BOARD, NEYYATTINKARA GROUP, VENGANOOR (KEEZHSHANTHI), THIRUVANANTHAPURAM, PIN - 695042

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BY ADV P.U.VINOD KUMAR

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THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 23791 OF 2024

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2025:KER:29888

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JUDGMENT

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The petitioner is employed as ‘Shanti’ at Kuttichal Ganapathiyamkunnu Temple, Thirunelloorsala, Neyyattinkara

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Devaswom Group. According to the petitioner, as per the transfer guidelines issued by the 1^st Respondent/Dewaswom Board, the petitioner is entitled to transfer to Neyyattinkara.

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The petitioner had submitted an application in Ext.P2 dated 27.02.2024 in the prescribed format seeking his transfer to Neyyattinkara temple as per the provisions of transfer guidelines and Circular No. ROC 04/24/S dated 31.01.2024.

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2.1 The learned Counsel for the petitioner submits that as per the seniority of ‘Shantis’ working with the 1^st respondent Devaswom Board,

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the petitioner should be transferred from the present temple to Neyyattinkara temple. However, in violation of the transfer guidelines

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and the Circular as well as the seniority, the petitioner has not been

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WP(C) NO. 23791 OF 2024

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2025:KER:29888

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transferred, and some junior person has been posted.

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2.2 The petitioner again filed a representation on 01.07.2024 in Ext.P6 before the Devaswom Board. The learned Counsel for the petitioner submits that the petitioner would be satisfied if a direction is issued to the Devaswom Board to consider the petitioner’s representation in Ext.P6 and take an appropriate decision.

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The learned Counsel representing the Devaswom Board does not have much objection to the said prayer made by the learned Counsel for the petitioner on behalf of the petitioner.

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Considering the aforementioned facts, the present writ petition is disposed of with directions to respondents 1 to 3 Devaswom Board to consider and take a decision on the Ext.P6 application expeditiously, preferably within one month. The petitioner should be afforded the opportunity of hearing before taking a decision on Ext.P6 representation of the petitioner.

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WP(C) NO. 23791 OF 2024

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2025:KER:29888

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The writ petition stands disposed of with the aforementioned

direction.

Sd/-

D. K. SINGH

JUDGE

jjj

WP(C) NO. 23791 OF 2024

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2025:KER:29888

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	APPENDIX OF WP(C) 23791/2024
PETITIONER EXHIBITS
Exhibit P1	THE TRUE COPY OF THE CIRCULAR NO. R.O.C 04/24/S DATED 31.01.2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P2	THE TRUE COPY OF THE APPLICATION DATED 27.02.2024 IN THE PRESCRIBED FORMAT SUBMITTED BY THE PETITIONER
Exhibit P3	TRUE COPY OF THE GENERAL TRANSFER GUIDELINES NO. R.O.C 1527/22/MIS.I DATED 05.03.2022 ISSUED BY THE 1ST RESPONDENT
Exhibit P4	THE TRUE COPY THE PROCEEDINGS NO. 4431 DATED 30.05.2024 ISSUED BY THE ASSISTANT DEVASWAM COMMISSIONER, NEYYATTINKARA GROUP
Exhibit P5	THE TRUE COPY OF THE PROCEEDINGS NO.4797 DATED 29.06.2024 ISSUED BY THE ASSISTANT DEVASWAM COMMISSIONER, NEYYATTINKARA GROUP
Exhibit P6	THE TRUE COPY OF THE REPRESENTATION DATED 01.07.2024 ADDRESSED TO THE RESPONDENTS 1 TO 3
Exhibit P1	True translation of Exhibit P1
Exhibit P2	True translation of Exhibit P2
Exhibit P3	True translation of Exhibit P3
Exhibit P4	True translation of Exhibit P4
Exhibit P5	True translation of Exhibit P5
Exhibit P6	True translation of Exhibit P6

Shibin V.S v. Travancore Devaswam Board

Case brief

What is this about?

What did the court decide?

Shibin V.S v. Travancore Devaswam Board

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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